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  • HMO & Multi-Lets

    Is this really an HMO?

    Looking for advice please. I have got involved in a new business project that will provide holistic healing for addicts.

    A property has been secured that is currently a 10 bed licensed HMO.

    The council have been informed of our intentions and have said it will still need an HMO license. All treatment is private and starts from one month and depending on the person may last up to 3-6 months.

    As it will not be a permanent address for anyone or anyone's main residence I am not sure if this comes under HMO licensing.

    Any feedback would be greatly appreciated. Thanks.

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    It's open to argument. I have dealt with cases like this before and the council were adamant initially that they were HMOs but withdrew the position in the end after some detailed letters.

    The issue comes down largely to whether or not it is the permanent home of the people involved. This is a bit of a fact specific question and there is no hard and fast rule.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.
    Will they sleep there? you might be arguing more like a hotel or guest house? but it might be easier to go for continued hmo status than convert to C1.

    But if they have other permanent (nearby) places of abode then ASTs might not be appropriate, rather a licence to occupy / terms and conditions of treatment i.e. common law contract not housing act.

    However, it sounds like it will be a multiple occupancy place and planning sui generis (more than 6 occupants), fire safety, hhsrs / ffhh  will all apply and continuing the hmo status seems the simplest line. IANAL though, just do HMO's, SA's and some development
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    I can't add anything further to the comments already made by David Smith and Bristolian, but wishing you good luck with the project - would love to get updates on this!

    Best,

    Helen


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    Helen Godbold-Eade

    Freelance Administrator for Property Investors / Entrepreneurs

    http://www.like-clockwork.co.uk

    Find me on LinkedIn: http://www.linkedin.com/in/heleneade/

    Team up with a registered social landlord - they'll definitely be exempt from HMO licencing.

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.